Dáil Éireann Debate, Tuesday - 1 December 2020
268. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage when the technical update of the Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities 2018 document in relation to co-living will be issued as Ministerial guidance under section 28 of the Planning and Development Act 2000 (as amended). [40661/20]
View answer280. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the impact on current co-living development applications to planning authorities arising from the issuance of a de facto ban; if these applications can be considered for approval or be approved; and if he will make a statement on the matter. [39577/20]
View answer290. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage when he will sign and publish the updated guidance document that includes a specific planning policy requirement on co-living; if this will effect an outright ban on co-living; and if planning authorities will have to have regard to this guidance when deciding on a co-living application submitted prior to the issuing of the guidance. [39752/20]
View answer299. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will publish the circular issued to local authorities and An Bord Pleanála on the issue of co-living following his announcement of a ban on such developments. [40033/20]
View answerI propose to take Questions Nos. 268, 280, 290 and 299 together.
I have indicated in a circular letter dated 23rd November 2020 to all local authorities, An Bord Pleanála and the Office of the Planning Regulator, that my preferred approach is to restrict commercial co-living development, through an update of the Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities 2018 document, with a Specific Planning Policy Requirement (SPPR) for a presumption against granting planning permission for Co-Living/Shared Accommodation Development.
This will require a technical update of the Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities 2018 document, in relation to the ‘Shared Accommodation’ (Co-living) aspects of the guidance. This process must include requisite environmental considerations including Strategic Environmental Assessment (SEA), screening for which commenced on 23rd November 2020 and will take a minimum of 4 weeks to complete.
When this process is complete, an updated document will be issued as Ministerial guidance under Section 28 of the Planning and Development Act 2000 (as amended) and will replace the previous 2018 apartment guidelines document. Planning authorities and An Bord Pleanála are required to have regard to Ministerial guidelines in the course of carrying out their functions, and are required to comply with Specific Planning Policy Requirements, where included within such guidelines.
The Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities 2018 document will continue to apply until such time as updated Section 28 guidelines are issued by my Department. Any current valid planning applications, appeals or strategic housing development applications to An Bord Pleanála made prior to the date of issue of updated Section 28 guidelines, must be considered in accordance with the 2018 guidelines.
Any planning applications and consequent appeals, or SHD applications made on or after the date of publication of the updated guidelines, will be subject to the updated guidelines.
This does not mean that current planning applications or appeals assessed in accordance with the 2018 guidelines will necessarily be subject to a grant of planning permission, noting that this is a matter for planning authorities and An Bord Pleanála to determine. My officials reported in respect of co-living applications and appeals that were ‘live’ in mid-October 2020 and at that stage there were a theoretical maximum of approximately 1,670 co-living bedspaces that could be permitted, including those that had already been granted planning permission. Since then, 400 of those proposed bedspaces have either been refused planning permission, or quashed by Court decision.
The circular letter issued on 23 November 2020 was published on the same day on my Department’s website, together with the report on the review of co-living prepared by my officials and accompanying appendices. These are available at the following links:
- Letter: https://www.housing.gov.ie/housing/private-rented-housing/circular-issued-local-authority-chief-executives-bord-pleanala-and
- Report and Appendices: https://www.housing.gov.ie/housing/private-rented-housing/co-living-shared-accommodation-report
